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Decision No. 446-R-2008

APPLICATION, as amended, by VIA Rail Canada Inc., pursuant to paragraph 93(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, to vary the Appendix to Certificate of fitness No. 97012-2 to reflect changes in railway operations.

File No. R 8005/V1

Subsection 92(1) of the Canada Transportation Act (the CTA) states that the Canadian Transportation Agency (the Agency) shall issue a certificate of fitness for the proposed construction or operation of a railway if the Agency is satisfied that there is adequate liability insurance coverage for the proposed construction or operation, as determined in accordance with the regulations.

Certificate of fitness No. 97012-2 dated May 6, 2004 permits VIA Rail Canada Inc. (VIA) to operate on its own lines of railway and, through trackage rights agreements, over the segments of other lines of railway in Canada, as set out in the Appendix.

Paragraph 93(1)(c) of the CTA provides that the Agency may, on application, vary a certificate of fitness to reflect a change in railway operations or circumstances relating to those operations.

VIA's application is to revise the list of railways over which it operates.

The Agency has reviewed the material filed and is satisfied that the change in the operations will not alter the adequacy of the third party liability insurance coverage, including self-insurance for the railway operations of VIA, as set out in the Appendix.

Accordingly, pursuant to paragraph 93(1)(c) of the CTA, the Agency varies Certificate of fitness No. 97012-2 by revising the list of lines of railway over which VIA operates, as set out in the Appendix, which forms part of this Decision.